Communications Bill—
Amendments to be debated in the House of Lordscontinued

House of Lords

back to previous amendments

 

Clause 15

 

THE BARONESS BUSCOMBE
THE LORD SAATCHI

33Page 17, line 5, leave out from "matter" to end
 

THE LORD McINTOSH OF HARINGEY

34Page 17, line 46, at end insert—
"(   )  The Consumer Panel must—
(a)  as soon as practicable after the end of the period of twelve months beginning with the commencement of this section, and
(b)  as soon as practicable after the end of each subsequent period of twelve months,
  prepare a report on the carrying out of their functions in that period.
(   )  The Consumer Panel must publish each report—
(a)  as soon as practicable after its preparation is complete; and
(b)  in such manner as they consider appropriate."
 

THE LORD RANDALL OF ST BUDEAUX

35Page 18, leave out lines 4 to 6 and insert "is not"
 

Clause 16

 

THE LORD RANDALL OF ST BUDEAUX

36Page 18, line 19, leave out "OFCOM" and insert "the Secretary of State"
37Page 18, line 20, leave out "OFCOM" and insert "the Secretary of State"
38Page 18, line 21, leave out subsection (2)
39Page 18, line 23, leave out "OFCOM" and insert "the Secretary of State"
40Page 18, line 31, leave out "OFCOM" and insert "the Secretary of State"
41Page 18, line 41, leave out "OFCOM" and insert "the Secretary of State"
42Page 19, line 8, leave out "OFCOM with the approval of"
 

Clause 17

 

THE LORD RANDALL OF ST BUDEAUX

43Page 19, line 12, leave out subsection (1) and insert—
"(1)  The Consumer Panel is required to monitor the effectiveness of OFCOM's performance on behalf of consumers and to report on their findings on an annual basis; and such reports will be publicly available.
(1A)  The Consumer Panel shall, as soon as practicable after the appointed day, establish advisory bodies for matters affecting England, Scotland, Wales and Northern Ireland respectively; and each body so established shall consist of such members as they may from time to time appoint.
(1B)  In establishing a body under section (1A) above, the Consumer Panel shall have regard to the desirability of having members who are familiar with the special requirements and circumstances of the part of the United Kingdom concerned (including, in particular, the special requirements and circumstances of consumers, purchasers and other users in that part of communication services and communication apparatus).
(1C)  Subject to subsection (1B) above, the Consumer Panel may establish such advisory bodies as they think fit consisting in each case of such members as they may from time to time appoint.
(1D)  Without prejudice to their power under subsection (1C) above, the Consumer Panel shall, as soon as practicable after the appointed day, establish an advisory body for matters affecting small businesses."
44Page 19, line 15, leave out "may make such other" and insert "is required to make"
45Page 19, line 17, leave out ", as they think fit"
 

THE LORD ADDINGTON
THE BARONESS WILKINS

46Page 19, line 22, at end insert—
"(   )  The committees established by the Panel shall include a committee representing the interests of disabled and elderly people; and any such committee shall include a majority of members who are themselves disabled people or of pensionable age."
 

Clause 24

 

THE LORD GORDON OF STRATHBLANE

47Page 23, line 6, leave out "television and radio" and insert "broadcasting and telecommunications"
 

THE LORD ADDINGTON
THE BARONESS BUSCOMBE

48Page 23, line 16, after "of" insert "and equalisation of opportunities for"
 

THE LORD ADDINGTON
THE BARONESS DARCY DE KNAYTH

49Page 23, line 20, at end insert—
"(c)  between disabled persons and persons who are not disabled; and
(d)  between persons who have had disabilities and persons who are not disabled and have not had any disabilities."
 

After Clause 24

 

THE LORD PUTTNAM
THE LORD McNALLY
THE BARONESS COHEN OF PIMLICO
THE LORD PEYTON OF YEOVIL

50Insert the following new Clause—
  "Backstop powers in respect of training
(1)  In pursuance of their duty specified in section 24(1), OFCOM may, in the circumstances specified in subsection (2), exercise the powers granted under this section.
(2)  Those circumstances are that—
(a)  OFCOM are not satisfied that adequate opportunities for the training and retraining of persons for employment and work in connection with the provision of television and radio services are being provided, and
(b)  OFCOM are satisfied that the failings identified in accordance with paragraph (a) cannot be remedied by the exercise of their relevant powers under section 330.
(3)  OFCOM may impose a training levy to be fixed by OFCOM in accordance with the provisions of this section.
(4)  OFCOM shall not fix any training levy unless—
(a)  at the time the levy is fixed there is in force a statement by OFCOM of the principles that OFCOM are proposing to apply in—
(i)  fixing the levy; and
(ii)  distributing the receipts of the levy; and
(b)  the levy is fixed in accordance with those principles.
(5)  Those principles must be such as appear to OFCOM to be likely to secure that—
(a)  the levy is fixed in such a way as to ensure that levels of payment of the levy relate to the benefits to those paying the levy of the training and retraining to be provided; and
(b)  the money received from the levy is expended in ways that relate to OFCOM's duty under section 24(1)."
 

Clause 28

 

THE LORD AVEBURY
THE VISCOUNT FALKLAND

51Page 26, line 31, at end insert—
"(   )  Where, under contractual arrangements in place prior to the commencement of this Act, liability is established for payment of charges levied by pre-commencement regulators, such arrangements shall continue to have effect after the abolition of the pre-commencement regulators as if they applied to charges levied by OFCOM."
 

After Clause 28

 

THE LORD McNALLY

52Insert the following new Clause—
  "
(1)  It shall be the duty of OFCOM to make such arrangements as they think fit to provide for the enforcement of the Code of Practice issued by the Press Complaints Commission.
(2)  In pursuance of its duty under subsection (1), OFCOM may—
(a)  issue such directions as they think fit to the Commission, and
(b)  impose penalties in accordance with subsections (3) and (4).
(3)  OFCOM may impose a penalty on any party to the Code if that party has, in the opinion of the Commission, breached the terms of the Code.
(4)  A penalty under subsection (3) is to be such amount not exceeding #500,000 as OFCOM determine to be—
(a)  appropriate; and
(b)  proportionate to the breach of the Code in respect of which it is imposed.
(5)  In this section—
 "the Code of Practice" and the "Code" mean the Code of Practice issued by the Press Complaints Commission in December 1999 and any subsequent revision of that Code (including any such revision of the coming into force of this section),
 "a party to the Code" means any person engaged in the publication of a newspaper or magazine who has agreed not to comply with its provisions, and
 "Press Complaints Commission" and "Commission" mean the body first established in 1991."
 

Clause 62

 

THE LORD ADDINGTON

53Page 64, line 20, at end insert "(including apparatus for end-users with disabilities)"
 

Clause 65

 

THE LORD McINTOSH OF HARINGEY

54Page 66, line 40, leave out from "that" to end of line 9 on page 67 and insert "the terms on which a person is provided with anything required by the universal service order do not require him—
(a)  to pay for an unnecessary additional service; or
(b)  to pay, in respect of anything required by the order, any amount that is attributable to the provision to him of such a service.
(   )  The references in subsection (3), in relation to a person, to an unnecessary additional service are references to anything the provision of which—
(a)  he has to accept by reason of his being provided, at his request, with something required by the order ("the requested service"); and
(b)  is not necessary for the purpose of providing him with the requested service."
55Page 67, line 15, at end insert—
"(   )  References in this section to providing a person with anything include references to making it available or supplying it to him."
 

Before Clause 91

 

THE LORD AVEBURY
THE VISCOUNT FALKLAND

55A*Insert the following new Clause—
  "Investigation of contravention of condition
(1)  Where OFCOM determine that there are reasonable grounds for believing that a person may be contravening, or may have contravened, a condition set under section 42, they may undertake an investigation.
(2)  Where OFCOM decide to undertake an investigation under subsection (1), they shall give the person concerned a notice in writing which—
(a)  indicates the reasons for the investigation being conducted by OFCOM;
(b)  specifies in sufficient detail the condition and alleged contravention in respect of which the investigation is being undertaken; and
(c)  specifies the period during which the person has an opportunity to make representations about the matter.
(3)  Subject to section 95(3), the period specified under subsection (2)(c) must be a period of at least one month beginning with the day on which the notice is given."
 

Clause 91

 

THE LORD AVEBURY
THE VISCOUNT FALKLAND

56Page 87, line 29, leave out "give that person a notification" and insert "conduct an investigation"
57Page 87, leave out line 30 and insert "The power conferred by subsection (1) is to be exercised by a notice in writing; and a notice must—"
58Page 87, line 31, leave out "sets out the determination" and insert "indicate the reasons for the investigation being"
59Page 87, line 32, leave out "specifies" and insert "specify"
60Page 87, line 32, leave out from "which" to "made" in line 33 and insert "the investigation is being"
61Page 87, line 34, leave out "specifies" and insert "specify"
62Page 87, line 35, leave out from "opportunity" to end and insert "to make representations about the matters notified"
63Page 87, line 36, leave out subsection (3)
64Page 87, line 41, leave out subsections (4) to (11) and insert—
"(   )  OFCOM may by regulations make rules and procedures in connection with the carrying into effect of the provisions of sections 91 to 100.
(   )  Section 396 applies to the power of OFCOM to make regulations under this section."
 

Clause 101

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX
THE LORD AVEBURY

65Page 97, line 1, leave out paragraph (a)
 

Clause 103

 

THE LORD AVEBURY
THE VISCOUNT FALKLAND

66Page 98, line 41, at end insert—
"(   )  In this section persons to whom the electronic communications code may be applied shall not be restricted to telecommunications operators."
 

Clause 117

 

THE LORD McINTOSH OF HARINGEY

67Page 111, line 13, leave out "or (11)" and insert ", (11) or (11A)"
68Page 111, line 28, at end insert—
"(11A)  A person falls within this subsection if—
(a)  he is the provider of an electronic communications network used for the provision of the relevant service; and
(b)  the use of that network for the provision of premium rate services, or of services that include or may include premium rate services, is authorised by an agreement subsisting between that person and either an intermediary service provider or a person who is a provider of the relevant service by virtue of subsection (10) or (11)."
69Page 111, line 41, at end insert "and
  "intermediary service provider" means a person who—
(a)  provides an electronic communications service used for the provision of the relevant service or an electronic communications network so used; and
(b)  is a party to an agreement with—
(i)  a provider of the relevant service falling within subsection (9)(a) to (d), or
(ii)  another intermediary service provider,
  which relates to the use of that electronic communications service or network for the provision of premium rate services, or of services that include or may include premium rate services."

 
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©Parliamentary copyright 2003
23 June 2003